ZZD v ZZE; ZZX v ZZY [2022] NSWCATAP 353

ZZD v ZZE; ZZX v ZZY [2022] NSWCATAP 353

The appeal against the guardianship order was dismissed as the Tribunal properly considered relevant evidence and applied the statutory principles, finding the Appellant unable to make sufficiently objective decisions. The financial management appeal was allowed as the Tribunal's finding of a conflict of interest for the Appellant was not supported by evidence; the decision was thus affected by an error of law and remitted for reconsideration.

Parties
Appellant: ZZD; First Respondent: ZZE; Second Respondent: Public Guardian; Third Respondent: NSW Trustee & Guardian; Fourth Respondent: ZZF; Fifth Respondent: Illawarra Shoalhaven Local Health District; Appellant: ZZX; First Respondent: ZZY; Fourth Respondent: ZZZ
Jurisdiction
Australia
Judgment Date
14 November 2022
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
In 2022/00192765: appeal dismissed. In 2022/00251312: appeal allowed, decision remitted.
Legal Topics
Review of Enduring Guardianship, Review of Enduring Power of Attorney, Appointment of Public Guardian, Appointment of Financial Manager, Conflict of Interest, Internal Appeal, Statutory Interpretation
Guardianship Financial Management Review of Enduring Guardianship Review of Enduring Power of Attorney Appointment of Public Guardian Appointment of Financial Manager Conflict of Interest Internal Appeal +1 more

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Parties

ZZD

Appellant

ZZE

First Respondent

Public Guardian

Second Respondent

NSW Trustee & Guardian

Third Respondent

ZZF

Fourth Respondent

Illawarra Shoalhaven Local Health District

Fifth Respondent

ZZX

Appellant

ZZY

First Respondent

ZZZ

Fourth Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal erred in concluding the Appellant could not make independent and objective decisions regarding accommodation and service support for the Aunt.
  2. 2 Whether the Tribunal erred in law by appointing NSW Trustee & Guardian as financial manager based on perceived conflict of interest without evidentiary support.

Ratio Decidendi

The appeal against the guardianship order was dismissed as the Tribunal properly considered relevant evidence and applied the statutory principles, finding the Appellant unable to make sufficiently objective decisions. The financial management appeal was allowed as the Tribunal's finding of a conflict of interest for the Appellant was not supported by evidence; the decision was thus affected by an error of law and remitted for reconsideration.

Court Disposition

In 2022/00192765: appeal dismissed. In 2022/00251312: appeal allowed, decision remitted.

Orders

  • In 2022/00192765: the date for lodging the appeal is extended to 7 July 2022; the appeal is dismissed.
  • In 2022/00251312: the date for lodging the appeal is extended to 11 July 2022; the appeal is allowed; the financial management order is remitted to the Guardianship Division for reconsideration.